CDPDJ - Charter

A general outline		The right to protection against exploitation
	Rights and Freedoms		Right
	Discrimination		Risk factors
	Procedure of investigation		How the Commission proceeds

How the Commission proceeds with exploitation complaints

	In all cases, whenever it deems it to be appropriate, the Commission conducts an investigation. In the course of such investigation, it may discover that: The victim is "incapable": in that case, the Commission refers the matter to the Public Curator and proceeds with the help of its partners (CLSC, Curator, ...). The victim is deemed to be "capable": there are two possibilities in this case: If the victim agrees to an intervention, the Commission proceeds with its investigation and suggests measures aimed at stopping the ongoing abuse; If the victim does not agree, knowingly, to an intervention by the Commission, the Charter implies that the Commission must respect that person's fundamental right to self-determination, as long as the safety of that person is not at risk. The Commission then makes sure that the safety of that person is not at risk, by, among other things, organizing measures, in co-operation with organizations capable of adequately monitoring the situation (CLSC personnel) or putting an end to the situation (e.g. police).
Who can make a complaint in matters of exploitation?
	The victim herself or himself, or a victims' group; An organisation dedicated to the defence of rights and freedoms or the well-being of a specific group* (users' committee); Any person witnesses a situation (family member, friend, neighbour, volunteer worker or other) may report it to the Commission; The Commission may also investigate on its own initiative. *No legal obligation but a moral responsibility
Prevention: one of the best ways to protect elder persons against exploitation
	Information The elder person must be aware of the consequences of exploitation, of its manifestations, of the various ways and means at his disposal in cases of abuse. Support of the community The support of the community increases the chances of avoiding situations that could make a person vulnerable to exploitation.
Complaints processed by the Commission in 2001, 2002 and 2003
	2003 155 requests of investigations under elder exploitation on a total of 1995; Cases were settled through joint actions with other organizations, before even a formal investigation began; some cases were refused and others were abandoned by the complainant; 54 investigations (6% of the total of 906) dealt with elder abuse. 2002 98 requests of investigations under elder exploitation on a total of 2081; Cases were settled through joint actions with other organizations, before even a formal investigation began; some cases were refused and others were abandoned by the complainant; 33 investigations (3,4% of the total of 970) dealt with elder abuse. 2001 50 requests of investigations under elder exploitation on a total of 2332; Cases were settled through joint actions with other organizations, before even a formal investigation began; some cases were refused and others were abandoned by the complainant; 26 investigations (2,4% of the total of 1058) dealt with elder abuse.
Five decisions of the Tribunal des droits de la personne
	Five cases of aged person exploitation have been referred to the Tribunal des droits de la personne and the Commission won all cases. the Hamel case, in 2003; the Vallée case, in 2003 (* in appeal); the Gagné case, in 2002 the Fiset case, in 1998 the Brzozowski case, in 1994 Note: An important case of exploitation of handicapped persons is the Coutu case, in 1995.